Reiterating the Literal

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique - Taking the letter of the law literally would equal the death of our hopeand expectation that law...     

An evaluation of procedures for assessing competency to stand trial

In a field experiment involving 120 defendants at Bridgewater State Hospital in Massachusetts, the authors evaluated three instruments for assessing competency to stand trial: the Competency Screening Test (CST), Competency Assessment Instrument (CAI), and Interdisciplinary Fitness Interview (IFI). The CST (a paper-and-pencil test) was administered by a research assistant and scored by trained graduate students. Lawyers, psychologists, and social workers were recruited and trained in the use of the other instruments, then assigned as individuals (CAI) or teams (IFI) to conduct interviews and assess subjects. The performance of the project interviewers was compared against two yardsticks: (1) actual decisions reached by the regular Bridgewater staff, and (2) a consensus of two nationally respected experts who reviewed the cases and formed independent competency judgments. Both the CAI and IFI performed well under these conditions, indicating that one-time interviews by well-trained persons can lead to accurate competency decisions in the majority of cases. The authors conclude that hospitalization for competency assessment is rarely necessary.     

The marriage license as a hitting license: A comparison of assaults in dating,cohabiting, and married couples

There are many studies of marital and dating violence. However, methodological differences between these studies make it difficult to determine differences in the nature and extent of physical assault between marital status groups. This paper helps fill that gap by analyzing data from two surveys: a study of 526 dating couples at a large midwestern university, and a study of a national probability sample of 5005 married and 237 cohabiting couples. The results show that cohabiting couples have a higher rate of assault than dating and married couples. These findings persist after controls for age, education, and occupational status are introduced. Violence is also more severe in cohabiting than dating or married couples. A number of factors may account for the more frequent violence in cohabiting relationships. These include social isolation, the issue of autonomy and control, and the investment in the relationship.     

The Political Economy of Crisis Management in East–Central European Countries

The financial and economic crisis in the Central and East European countries raised the profile of economic policy themes that relate to the role of taxation and state spending. The key policy differences related to public budgets and support for a demand stimulus. Responses fall broadly into two categories that we link to a social-democratic and a neo-liberal response. The distinction indicates that the policy responses were linked to the party affiliation of the government on the left–right spectrum. There were some remarkable common trends that cannot be explained by the logical requirements of the economic situation alone. There are differences in timing and in severity, but every country has at some point moved towards a policy of balancing the budget by making cuts. In all cases there were cuts in benefits for marginal groups in society and a switch towards indirect rather than direct taxes. These carry clear distributional implications.     

Labour relations in the ‘formal’ and ‘informal’ sectors: Report of a case study in south Gujarat,India. Part 2.

The fate of peasants, agricultural labourers and others who leave the agrarian sector, either temporarily or permanently, to seek employment in towns and cities, must be of great interest to anyone concerned with the peasantry. Yet it is an area about which we are remarkably ignorant. Jan Breman's study of the ‘labour relations’ (or, one might say, the ‘poverty') of those who are, to a significant extent, first‐generation town‐dwellers, or who, indeed, although they seek employment in towns, have not yet severed their connections with the countryside, is extremely enlightening in this respect. Although it is not directly about peasants we publish it as an important contribution to our knowledge of this hitherto ‘dark’ area, in which rural origins or connections are of manifest significance. The author employs the ‘informal'/'formal’ sector dichotomy, with suitable scepticism, to examine in great detail the labour system outside agriculture in the Valsad district of South Gujarat.??     

Social indicators and welfare measurement: Remarks on methodology

The impossibility of measuring social conditions as one overall aggregate has to be recognized: it is only the three distinct ‘'aspects’ of social conditions which can be considered conceptually measurable. They are: (1) demography (2) social relations and (3) welfare. Each of them must be measured in its own way. This paper is concerned with elaborating a methodology of measuring welfare by means of indicators and indices, based on observable and measurable facts. Welfare indices are supposed to serve not only for assessing the results of development but also as targets for development plans.